Resolution 5459 - Laserfiche WebLink

4. Upon issuance of the Building Permit, the Appellants placed a modular home on the subject property. The modular home permitted by the City had been projected to be a 27' x 66' structure with the garage (projected to be a 12' x 20' structure) adjacent to the modular home. Upon delivery of the modular home, it was determined that the size exceeded that as originally approved by the City. The City eventually allowed the larger modular home to be placed on-site. To accommodate this siting, the modular home was permitted to straddle the two lots of the subject property, and the garage was placed on the east side of the modular home. As part of this relocation, the City of Everett Public Works Department authorized parking on the west side, partially on City of Everett right-of-way. (exhibit 8, Landles testimony) 5. At a site inspection on March 11, 1999, the Code Compliance Office of the City of Everett determined that cutting and clearing had occurred along the south side of Bigelow Creek within the Environmentally Sensitive Area buffer. The City issued a Violation Citation on April 8, 1999 instructing the Appellants to replant the steep slope areas and buffer areas. (exhibit 12) Amended Violation Citations relating to these steep slope and buffer areas were issued by the City on April 14, 1999 (exhibit 13) and May 4, 1999 (exhibit 14). Although the amended Violation Citations did not refer to the April 8th Violation Citation, they did refer to the subject property and the alleged violations thereon. On the May 4, 1999, amended Violation Citation, a hearing on the issue was scheduled before the Everett Hearing Examiner for June 3, 1999. (exhibit 14) 6. After the issuance of the Violation Citation and the amended Violation Citations, the City and the Appellants engaged in negotiations to resolve issues relating to the development on the subject property. (Cottage testimony) The City rescheduled the hearing on the violations to June 24, 1999 (exhibit 15) but continued the matter to a later date. (Cottage testimony) Although negotiations continued with the City and the Appellants (exhibits 17 and 18), an impasse resulted, and a hearing was eventually scheduled before the Everett Hearing Examiner to address two particular issues. (exhibit 18) The parties have been successful in resolving many issues, but the issues that remained unresolved are whether the south 100 foot buffer area that had been cleared was in violation of an approved planting plan and verbal direction and whether the fence that currently exists on-site had to be replaced. (exhibit 18) 7. At the public hearing, the City indicated that the Appellants have agreed to replace the fence that exists on-site. (Cottage testimony) Thus, the only issue before the Hearing Examiner is whether the 100 foot buffer area on the south slope of Bigelow Creek has been cleared in violation of City ordinances. 4